Loan modification
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Pre-Foreclosure · Long Island
Lis Pendens on Long Island — What It Means & What to Do Next
A Lis Pendens (Latin for 'suit pending') is the formal filing that starts a foreclosure lawsuit in New York. If one was filed against your Long Island home, the clock has officially started — but you still have meaningful options. The earlier you act, the more leverage you keep.
Overview
What is a Lis Pendens?
In New York, a Lis Pendens is a Notice of Pendency filed in the county clerk's office (Nassau or Suffolk) at the start of a foreclosure case. It puts the world on notice that the property is the subject of a lawsuit — clouding title and effectively freezing your ability to refinance or sell with conventional financing.
It is not a foreclosure judgment. It's the very first formal step. From filing to judgment to actual courthouse sale, New York's judicial foreclosure timeline typically runs 18–36 months — which gives most homeowners real time to negotiate alternatives if they engage early.
What to expect
Your options after a Lis Pendens is filed
Short sale
Sell for less than what's owed with the lender's written approval. A CDPE-certified broker negotiates the deficiency waiver — typically at no cost to the homeowner.
Mandatory settlement conference
New York requires a settlement conference within 60 days for owner-occupied homes. Attend with documents — it's your structured negotiation window.
Bankruptcy (Ch. 7 or 13)
Filing triggers an automatic stay that halts the foreclosure. Talk to a bankruptcy attorney before considering this path — it has long-term credit and tax consequences.
Reinstatement or payoff
If you can bring the loan current (reinstatement) or pay the full balance (payoff), the case is dismissed. Always request a written quote with a 'good through' date.
Beware of foreclosure scams
Anyone asking you to deed your home over, pay upfront fees, or stop talking to your lender is running a scam. Free, legitimate help is available.
FAQ
Frequently Asked Questions
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